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5- to, the Constitut -to, the. Cons,titut ional. principle. of Free.' Speech as is -pornography. Councilman.. Ranallo.. als.o.. told Mr._ Dubay. that what' s happening at state, and federal- levels in this. area. may set precedents for the City and pointed out. that recently Judge Neil: Reilly had ruled the Minneapolis Police Department cannot .even inves.tigate . an adult bookstore .without a warrant. . He then suggested concerned .residents ..might also look .at the .instances where X-rated printed materials are sold in .grocery stores in St. Anthony. Mary Ann Kuharski , 2709 Pahl Avenue N.E. , said she was sympathetic with the. Council's problems with the Constitutional quest-ions and agreed o "anther store in Apache probably should be picketed for the offensive materials it handles, " .,b.ut.:::she._.disagreed with Mr. Soth' s statements regarding how restrictive a City ordinance ._co.uld .be, saying the Supreme Court has decreed that "standards ofa contemporary community can be imposed" and citing the many books out now .demonstrating how pornography can be fought. She requested the Court' s ruling..be researched fully. The Manager told her there will probably- be different views and -inter- pretations on pornography to be found . in .any community as evidenced by the fact that "probably some St. Anthony people do buy . those magazines" . - He added "this is a very sensitive area- and it is. quite. a different matter for a private citizen to . take. a . stand- on- this question than it is for the City to do so" . Mr. Soth reiterated that no state or municipal state may define obscenity in any other but the language for the Court' s ruling and must meet this test,and a jury may differ with the ordinance, even if it meets this test... Mayor Haik then disagreed with the implication that the Council had found anything to- object- to in .the. video center since it has found the existing store does not carry X-rated materials. She -recommended all should be very careful to differentiate between "X-rated" and "porn- ographic" . Mr. Ochs repeated that he has no X-rated materials on his shelves though he recently received three X-rated movies (soft porno). which he had returned to the -supplier. - He . told Mr. Zellmer he had no financial obligation to accept such materials because he has a franchise, and although he does get all ,.new releases "sixty percent of his 'inventory . is returned every day" . Mrs.. Kuharske asked "what about our .rights not to be offended? . We may not represent all other St. Anthony people' s views but they should be. here to protect their own rights if they feel they are being threatened. " She saw it as the City government'.s duty to protect the community and said the children of the community are not. old enough to make their own decisions regarding questionable materials. Mayor Haik then told the Council she beleived the decision before them is "whether or not a zoning classification should be created for this store for which we have found no objections" . She said there are state statutes against selling pornographic materials. to children under 18 which the City can impose. Mr. Zellmer said although he is happy to hear Mr. Ochs does not intend to ,carry-offensive. materials in his store, he. is convinced there is little the City can do to prevent him from doing so, saying "he will be making money while the City becomes a pauper trying to make him stop through .:the courts!' .